beta
(영문) 서울동부지방법원 2017.09.29 2017나23150

부당이득금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

1. As to the auction case of real estate rent (auction property: the share of the land in this case), the Defendant offered a joint bid with the Plaintiff and C to share equally by equally dividing the proceeds of sale with the Plaintiff and C.

(Provided, That at the time of the joint bid, the Plaintiff was under the name of J, and C was under the name of D)

2. In the event of the above joint bid, other joint bidders than the Defendant did not appear by their agents but did not prepare their personal seal impressions and seal impressions as Defendant bidders.

3. Where the auction goods are sold in the name of the defendant solely as a result of the progress of the auction case later, and the auction goods are transferred to the defendant, the defendant shall have the share agreed to the plaintiff and C (the plaintiff's share: 52/1754 of the share in the land of this case (hereinafter "share in this case").

(A) Defendant and C shares: each of the instant shares 5851/17554), at any time, the Plaintiff and C have delivered all the documents required before the registration at the time when they wish to have the share registered.

4. If the above facts are not fulfilled, the defendant shall assume all civil and criminal responsibilities. A.

On May 17, 2007, the Plaintiff, the Defendant, and C prepared the following performance note (hereinafter referred to as the “instant agreement”) with respect to the shares of G 17554/33124 square meters of F forest land in Gwangju-si (i.e., H forest land was divided into 17,554 square meters of H forest land on July 21, 201; hereinafter referred to as “instant land share”) among the shares of G 17,554/3124 square meters of forest land in Gwangju-si (hereinafter referred to as “instant land”). A notary public certified as the General Law Firm 1449 on July 207.

B. On May 17, 2007, the Defendant was awarded a bid of KRW 310,000,000 for the share of the instant land in the International Auction Procedure for Seongbuk-gu Seoul District Court (Seoul District Court), and on July 23, 2007, the registration of ownership transfer was completed in the name of the Defendant with respect to the share of the instant land.

C. The plaintiff on May 17, 2007 pursuant to the agreement of this case.